James W. Ely - The chief justiceship of Melville W. Fuller, 1888-1910
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The Chief Justiceship of Melville W. Fuller, 1888-1910 Chief Justiceships of the United States Supreme Court
author
:
Ely, James W.
publisher
:
University of South Carolina Press
isbn10 | asin
:
1570030189
print isbn13
:
9781570030185
ebook isbn13
:
9780585343235
language
:
English
subject
Fuller, Melville Weston,--1833-1910--Biography, United States.--Supreme Court--History, Judges--United States--History.
publication date
:
1995
lcc
:
KF8745.F8E44 1995eb
ddc
:
347.73/2634
subject
:
Fuller, Melville Weston,--1833-1910--Biography, United States.--Supreme Court--History, Judges--United States--History.
Page i
The Chief Justiceship of Melville W. Fuller
Page ii
CHIEF JUSTICESHIPS OF THE UNITED STATES SUPREME COURT
Herbert A. Johnson, General Editor
The Chief Justiceship of Melville W. Fuller, 18881910 by James W. Ely, Jr.
The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth by William R. Casto
Page iii
The Chief Justiceship of Melville W. Fuller, 18881910
James W. Ely, Jr.
Page iv
Copyright 1995 James W. Ely, Jr.
Published in Columbia, South Carolina, by the University of South Carolina Press
Manufactured in the United States of America
Library of Congress Cataloging-in-Publication Data
Ely, James W., 1938 The chief justiceship of Melville W. Fuller, 18881910 / James W. Ely, Jr. p. cm. (Chief justiceships of the United States Supreme Court) Includes bibliographical references and index. ISBN 1-57003-018-9 1. Fuller, Melville Weston, 18331910Biography. 2. United States. Supreme CourtHistory. 3. JudgesUnited States History. I. Title. II. Series. KF8745.F8E44 1995 347.73'2634dc20 B 347.3073534 B 94-18691
Page v
To my mother, Edythe F. Ely, and the memory of my father, J. Wallace Ely
Page vii
Contents
Editor's Preface
ix
Preface
xi
Introduction
1
1 A Gentleman and a Scholar
4
2 Never a Better Administrator
25
3 Conservative Jurisprudence in the Age of Enterprise
57
4 Safeguarding Entrepreneurial Liberty
83
5 Defending the National Market
127
6 Civil Liberties, Equal Rights, and Criminal Justice
150
7 Issues of Government
172
8 Private Litigation
191
9 Betting on the Future
212
Appendix:
Members of the Supreme Court During Fuller's Chief Justiceship, 18881910
219
Dates of Service on the Fuller Court
220
Bibliography
221
Table of Cases
234
Index
240
Page ix
Editor's Preface
This series will provide readers with a convenient scholarly introduction to the work and achievements of the Supreme Court of the United States. Separate volumes will examine one or more chief justiceships, illuminating the Court's contribution to constitutional law, international law, and private law during that time period.
Assignment of volumes by chief justices' terms follows well-established historical traditions that may well be attributable to the now discredited view that Chief Justice John Marshall dominated his colleagues on the Supreme Court bench. However, this series organization is not intended to apotheosize the Chief Justices of the United States. Rather it seeks to place each chief justice into the context of his personal and professional relationships with other members of the Court. Thus its focus upon the chief justice is simply a means toward examination of all members of the Court. That viewpoint also facilitates examination of the way in which the Court conducted its business, since the chief justice is the primary manager of the flow of cases and opinions through the Court. Leadership in the collegial atmosphere of the Supreme Court is a function of interpersonal relationships, for the chief justice has no authority to command obedience. He must call upon the respect and deference that his associate justices are willing to accord him. Attention to the work of the chief justice inevitably requires close examination of all relationships among the justices.
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